EPIC submitted a Freedom of Information Act (FOIA) request in February 2010 for records detailing the relationship between Google and the NSA. According to the nonprofit, EPIC was looking for documents that "could reveal that the NSA is developing technical standards that would enable greater surveillance of Internet users."

It is particularly appropriate to use FOIA to uncover plans for increased surveillance on private citizens. Because the Freedom of Information Act is like a civil liberty (it balances the power difference between citizens and government), it makes sense to use it to make public potentially undesirable government actions.

The NSA cited Exemption 3 in its decision to deny records to EPIC. FOIA exemptions outline information that government bodies must not make public. Exemption 3 excludes records "specifically exempted from disclosure by statute." The statute at hand is Section 6 of the National Security Agency Act of 1959, which prohibits disclosure of information about the NSA.

To reiterate: Exemption 3 of the federal FOIA allows federal agencies to cite statutes in order to withhold records, and there is a statute that seems to entirely remove the NSA from FOIA.EPIC appealed the denial through the NSA's own internal review process. That's right, "internal review": the NSA system for public information appeals allows the NSA to review its own decisions.

In open government culture, there is the concept "presumption of openness." This means that information is public until proven exempt --that disclosure is favored over nondisclosure. Keep presumption of openness in mind when reading the NSA's own policy on FOIA:

Where discretionary releases can be made without causing harm, the Deputy Director of Policy, as the initial denial authority, and the NSA Deputy Director, as the appeal authority, use their discretion to release information even where an exemption may be available.

It is striking that the first step in the open records process means surviving the "initial denial authority."

The U.S. District Court summarizes the NSA's stance on denying records as founded on a worry that it would "improperly reveal information about NSA's functions and activities." The case in general reveals information about how the NSA works. When the presumption is that information be secret, the information system is broken.

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CAROLINE KITCHENS"[I]t’s a shame that feminists who claim to be all about empowering women are teaching young girls that they will always be victims and that the cards are stacked against them. I just don’t think that’s true in our society anymore, and we’re sending a horrible message to girls by teaching them to embrace victim status.”READ MORE >>>

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Independent Women’s Forum’s mission is to improve the lives of Americans by increasing the number of women who value free markets and personal liberty. Sister organization of Independent Women’s Voice.